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Ex parte Harrington

Supreme Court of Alabama

April 5, 2019

EX PARTE William T. HARRINGTON
v.
Big Sky Environmental, LLC, Gabriel Kim, and Clayton " Lanny" Young). In re William T. Harrington

         PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS Jefferson Circuit Court, CV-16-904776; Court of Civil Appeals, 2170566

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          J. Gusty Yearout of Yearout & Traylor, PC, Birmingham; and J. Stanton Glasscox of Glasscox Law Firm, LLC, Tuscaloosa, for petitioner.

          Gregg M. McCormick and Matthew I. Penfield of Bressler Amery & Ross, P.C., Birmingham, for respondents Big Sky Environmental, LLC, and Gabriel Kim.

         BOLIN, Justice.

         William T. Harrington petitioned this Court for certiorari review of the Court of Civil Appeals' order dismissing his appeal as untimely.

         Procedural History

         On December 23, 2016, Harrington sued Big Sky Environmental, LLC, Gabriel Kim, and Clayton "Lanny" Young, seeking compensatory and punitive damages resulting from a dispute over an employment agreement. Harrington alleged breach of contract, negligence, wantonness, fraud, suppression, and deceit. On March 10, 2017, Big Sky and Kim filed a motion to dismiss pursuant to Rule 12(b)(6), Ala. R. Civ. P.

         On April 5, 2017, Harrington filed an amended complaint. Harrington again named Big Sky, Kim, and Young as defendants. He added as defendants Exoro Global, LLC ("Exoro Global"), and Exoro Global Capital, LLC ("Exoro Capital"). He once again alleged breach of contract, negligence, wantonness, fraud, suppression, and deceit. Harrington listed Kim as the "agent for service" of process for both Exoro Global and Exoro Capital. Harrington filed a notice to serve Exoro Global and Exoro Capital by certified mail. It appears that Exoro Global and Exoro Capital have a business interest in Big Sky. On April 10, 2017, Big Sky and Kim filed a motion to dismiss the amended complaint pursuant to Rule 12(b)(6), Ala. R. Civ. P. In their motion to dismiss, Big Sky and Kim stated in a footnote that neither Exoro Global nor Exoro Capital had been served.

         On April 28, 2017, Harrington filed a second amended complaint in which he named Big Sky, Kim, Young, Exoro Global, and Exoro Capital as defendants, again alleging breach of contract, negligence,

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wantonness, fraud, suppression, and deceit. Kim was again listed as the "agent for service" for Exoro Global and Exoro Capital. On May 12, 2017, Big Sky and Kim filed a motion to dismiss Harrington's second amended complaint for failure to state a claim upon which relief could be granted under Rule 12(b)(6).[1]

         On September 28, 2017, the trial court entered an order dismissing the claims against Big Sky and Kim with prejudice on the ground that there was no valid employment contract. The trial court then set the case for a status review on November 7, 2017. On October 26, 2017, Harrington filed a motion purportedly seeking to "alter, amend, or vacate the judgment," arguing that a valid employment contract existed. On December 20, 2017, the trial court denied Harrington's motion.

         On January 26, 2018, the trial court entered the following order:

"The Court has been made aware that the parties are in disagreement over whether or not its order of September 28, 2017 is final and in accordance with Rule ...

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